Question 1

Which of the following parties must sign a document coming within the statute of frauds?

Accepted Answer

While it is standard for both parties to sign the agreement, because the writing is being offered as proof of an agreement, only the party against whom action is sought needs to have signed it.

Question 2

A[n] ______ is a statement made in court,under oath,or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed,even though the contract was required to be in writing.

Accepted Answer

An admission is a statement made in court, under oath, or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed, even though the contract was required to be in writing.

Question 3

Which of the following is needed in order to satisfy the UCC's requirement for a written document?

Accepted Answer

Under the UCC requirement to be recorded in a written contract or a memorandum, the writing need only state the quantity to be sold; buyer, seller, price, and method of payment do not need to be included.

Question 4

Which of the following is false regarding the statute of frauds and promises made in consideration of marriage?

Accepted Answer

Mutual promises to marry do not fall within the statute of frauds.

Question 5

Which of the following was the result in the case in the text Shelby's Inc.,v.Sierra Bravo Inc.,involving the issue of whether an agreement to deposit debris and soil on land and an alleged agreement to build a building pad and waterway came within the statute of frauds?

Accepted Answer

The court stated as follows: "The contract in this case was not a "sale," much less a sale of an interest in lands. . . . Here, there was no transfer of ownership or title. The written agreement gave Appellant [Sierra] permission to deposit debris and soil on Respondent's land, not the right to do so. The oral contract was for the construction of a waterway and building pad and passed no interest in the land."

Question 6

Which of the following are debts incurred in an initial contract?

Accepted Answer

Primary obligations are debts incurred in an initial contract.

Question 7

Within the statute of frauds,"land" encompasses not only the land and soil itself but anything ______ to the land.

Accepted Answer

Within the statute of frauds, "land" encompasses not only the land and soil itself but anything attached to the land, such as trees or buildings.

Question 8

All states except ______ adhere to the admission exception to the statute of frauds.

Accepted Answer

All states except Louisiana and California allow the admission exception to the statute of frauds.

Question 9

What was the result in Stewart Lamle v.Mattel Inc.,the case in the text in which the plaintiff claimed that in discussions Mattel agreed to a three-year license agreement to distribute a board game the plaintiff created,and that the agreement was confirmed by Mattel through an email,but that Mattel later wrongfully refused to enter into a written contract and follow through with the deal?

Accepted Answer

According to the court, "To prove a contract with Mattel, Lamle must prove the parties objectively intended to be immediately bound by an oral contract on June 11; the June 26 email contains the material terms of that oral contract; and Bucher had actual or apparent authority to sign for Mattel… Lamle faces a difficult burden persuading the jury."

Question 10

In most states,which of the following are exceptions to when the statute of frauds would apply?

Accepted Answer

Like most legal rules, the statute of frauds allows certain exceptions. These exceptions are (1) admission, (2) partial performance, and (3) promissory estoppel. There are also exceptions under the UCC.

Question 11

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

Accepted Answer

Mortgages and leases are within the statute because they are considered transfers of interest in land.

Question 12

Which of the following is true regarding a signature on a document falling within the statute of frauds?

Accepted Answer

To satisfy the statute of frauds, the contract must be signed by the person against whom the action is brought, but the signature need not be at the end.

Question 13

Which of the following is a term for contracts within the statute of frauds involving promises to pay a debt of another if the initial party fails to pay?

Accepted Answer

A secondary obligation occurs when a party outside a primary agreement promises to fulfill one of the original party's (primary debtor's) obligations if the original party fails to fulfill it.

Question 14

Under the Uniform Commercial Code,contracts for the sale of goods totaling more than ______ must be in writing.

Accepted Answer

Agreements for a sale in which the total price is $500 or more are required by the UCC, Section 2-201, to be recorded in a written contract or a memorandum.

Question 15

Which of the following involves the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract?

Accepted Answer

Promissory estoppel is the legal enforcement of an otherwise unenforceable contract due to a party's detrimental reliance on the contract.

Question 16

Even if they would normally have to be in writing,if applicable criteria are met,oral contracts for _____ goods are enforceable.

Accepted Answer

Oral contracts for customized goods are enforceable even if they would normally have to be in writing.

Question 17

Which of the following is an exception as to when a secondary obligation needs to be in writing?

Accepted Answer

There is an exception under which a secondary obligation need not be in writing - the main-purpose rule. If the main purpose for incurring a secondary obligation is to obtain a personal benefit, the promise does not fall within the statute and does not have to be in writing.

Question 18

Under ____,if the buyer in an alleged contract for the sale of land has paid any portion of the sale price,has begun to permanently improve the land,or has taken possession of the land,the courts will consider the contract partially performed,and this partial performance will amount to proof of the contract.

Accepted Answer

Under the partial-performance exception, if the buyer in an alleged contract for the sale of land has paid any portion of the sale price, has begun to permanently improve the land, or has taken possession of it, the courts will consider the contract partially performed and this partial performance will amount to proof of the contract.

Question 19

Which of the following is true regarding what is considered an interest in land within the statute of frauds?

Accepted Answer

A number of things that seem as if they are interests in land do not fall within the statute. For example, promises to sell crops annually, agreements between parties for profit sharing from the sale of real property, and boundary disputes that have been settled through the use of land are all outside the statute of frauds and, therefore, do not require evidence in writing.

Question 20

A[n] ______ agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.

Accepted Answer

A prenuptial agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.

Quiz 18: Contracts in Writing